What states allow and what they require

Whether an undocumented immigrant can get a driver's license depends entirely on the state where they live. As of now, 21 states plus Washington, D.C. issue driver's licenses to people regardless of immigration status. Another 8 states issue licenses to people with Deferred Action for Childhood Arrivals (DACA) status only. The remaining 21 states do not issue licenses to undocumented immigrants under any circumstance.

The states that issue licenses to all undocumented immigrants are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia, plus Washington, D.C. Each of these states has its own document requirements and process, but none of them require proof of legal immigration status.

The eight states that issue licenses to DACA holders only are Illinois (for certain DACA holders), New York (for certain DACA holders), and six others with narrower DACA-specific programs. If you have DACA status, you should contact your state's Department of Motor Vehicles directly to learn whether you fall under their DACA license program.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue driver's licenses to undocumented immigrants without requiring proof of legal status.
  • Eight additional states issue licenses only to people with DACA status, not to other undocumented immigrants.
  • The remaining 21 states do not issue licenses to undocumented immigrants under any circumstance.
  • Each state that allows licenses has different document requirements, so you must check your specific state's DMV website or call their office.
  • A driver's license issued under these programs is valid only for driving and identification within that state; it does not change immigration status.

Documents you will need in states that allow licenses

States that issue licenses to undocumented immigrants typically require proof of identity, proof of state residency, and a Social Security number or an Individual Taxpayer Identification Number (ITIN). The specific documents accepted vary by state.

For proof of identity, most states accept a foreign passport, a consular ID card (such as a Mexican matricula consular), or a national ID from your country of origin. For proof of residency, states generally accept utility bills, lease agreements, bank statements, or mail from government agencies showing your name and current address. You will need to provide documents dated within the last 60 to 90 days, depending on the state.

If you do not have a Social Security number, you can obtain an ITIN from the Internal Revenue Service. An ITIN is a nine-digit tax identification number issued to people who are not may be able to access for a Social Security number but need to file taxes or conduct other financial business in the United States. You can explore for an ITIN by mail using IRS Form W-7, which takes several weeks to process.

How the process process works

In states that issue licenses to undocumented immigrants, you visit your local Department of Motor Vehicles office in person. You bring your documents, fill out the standard driver's license process form, and pay the applicable fee. The fee varies by state but typically ranges from $20 to $100 for a standard license.

You will take a written test on traffic laws and road signs, and you will take a driving test in your own vehicle or the DMV's test vehicle. Some states offer the written test in multiple languages; others offer it only in English. You can ask the DMV office ahead of time whether your language is available.

Processing time varies. Some states issue licenses on the same day you pass the driving test. Others mail the license to you within one to two weeks. A few states take longer if they conduct additional background checks.

What a license does and does not do

A driver's license issued to an undocumented immigrant is a valid form of identification for driving and for presenting to police during a traffic stop. It allows you to legally operate a motor vehicle in that state and to rent a car from most rental companies.

A driver's license does not change your immigration status. It does not make you a legal resident, a citizen, or a person with work authorization. It is purely a license to drive and a form of state-issued identification. Federal immigration authorities can still enforce immigration law against you regardless of whether you hold a driver's license.

Some states issue a special designation on the license itself — such as "Not for Federal Purposes" or a different color or design — to signal that the license was issued without proof of legal status. Other states issue a standard-looking license with no special marking. The marking, if present, means the license cannot be used for federal purposes like boarding a domestic airplane or entering a federal building, but it remains valid for driving.

How this affects employment and taxes

A driver's license does not authorize you to work in the United States. Federal law prohibits employers from hiring people who are not authorized to work, and a driver's license is not proof of work authorization. Employers are required to verify work authorization through the I-9 form and E-Verify system, which check immigration status independently of a driver's license.

However, having a driver's license can make it easier to obtain an ITIN and file taxes. Many undocumented immigrants file taxes using an ITIN, and a driver's license can serve as proof of identity when explore for the ITIN. Filing taxes does not change your immigration status or create a record that immigration authorities will use against you, but you should understand the risks before deciding to file.

States that do not issue licenses to undocumented immigrants

In the 21 states that do not issue licenses to undocumented immigrants, you cannot legally drive. Driving without a license in these states is a criminal offense that can result in fines, vehicle impoundment, and a criminal record. A criminal record can harm future immigration cases, including asylum claims or applications for legal status.

If you live in one of these states and need to drive, your options are limited. Some people use ride-sharing services, public transportation, or carpools with licensed drivers. Others move to a state that issues licenses to undocumented immigrants. There is no federal pathway to obtain a driver's license as an undocumented immigrant; the decision rests entirely with each state.

How to find out what your state allows

The fastest way to learn your state's rules is to visit your state's Department of Motor Vehicles website and search for "undocumented immigrant" or "no Social Security number." Most state DMV websites have a page explaining which documents are accepted and whether immigration status is required.

If the website is unclear, call your local DMV office directly. Ask whether they issue licenses to people without proof of legal immigration status, what documents you need to bring, and what the fee is. Write down the name of the person you speak with and the date of the call, in case you need to reference it later.

You can also contact immigrant advocacy organizations in your state. Groups like the American Civil Liberties Union (ACLU), local legal aid societies, and community organizations often maintain current information about driver's license policies and can guide you through the process.

Frequently Asked Questions

Will getting a driver's license put me at risk with immigration authorities?

A driver's license itself does not trigger immigration enforcement. However, the DMV may share your information with federal authorities in some cases. Before explore, research your state's data-sharing policies and consider consulting with an immigration attorney about the risks in your specific situation.

Can I use a driver's license issued to an undocumented immigrant to board a domestic airplane?

No. If the license is marked "Not for Federal Purposes" or was issued in a state that marks such licenses differently, you cannot use it for federal identification. You would need a passport or another federally accepted form of ID. Standard licenses issued in some states may be accepted, but policies vary by airport and airline.

What if I have a driver's license from my home country? Can I use it to drive in the United States?

A foreign driver's license is not valid for driving in the United States. You must obtain a U.S. driver's license from the state where you live. Some states allow you to exchange a foreign license for a U.S. license without retaking the driving test, but you still must meet all other requirements, including proof of residency.

If I move to a different state, do I need to get a new license?

Yes. A driver's license is issued by the state and is valid only in that state and for interstate travel. If you move to a new state, you must explore for a license in that state within a certain timeframe, usually 30 to 60 days. The requirements and process may be different in your new state.

Can I renew a driver's license issued to an undocumented immigrant?

Yes, in states that issue licenses to undocumented immigrants, you can renew your license when it expires. Renewal typically requires you to visit the DMV again and provide updated proof of residency, though you may not need to retake the driving test. Check your state's DMV website for renewal requirements and timelines.